What is the test for estopped from opposing a line where one party acts upon it and erects a house of expensive fence?
Nova Scotia, Canada
The following excerpt is from Fowlie v. Stacks of Clothing Ltd., 2010 NSSC 23 (CanLII):
As noted in Grassett v. Carter (1884), 1884 CanLII 5 (SCC), 10 S.C.R. 105: The law applicable to conventional lines, I take to be, that if a line is agreed upon and one party acts upon it and erects a house of an expensive fence, or holds and improves the land, the other party is estopped from saying the line is not the right one.
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